1. Field of the Invention
The present invention relates to managing computer and Internet activities of individuals that have been deemed by a court to present a safety risk to the community.
2. Description of Related Art
U.S. Federal and State courts have adopted the doctrine of “least restrictive alternative” when implementing supervision conditions by which community corrections agencies monitor high risk individuals that present safety risks to the community and the officer(s) that supervise(s) them. To this end, in 2002 the U.S. Federal courts deemed that a complete ban on Internet use was overly restrictive, but recognized the need for monitoring such Internet use. Since then, U.S. courts have consistently upheld this position and have expanded upon it, to address privacy concerns associated with monitoring Internet use, recognizing the need to preserve the rights of privacy and confidentiality of those on supervision, as well as their 4th Amendment rights protected by the constitution.
Courts can mandate computer and Internet monitoring restrictions on offenders and defendants deemed to present a risk to the community. These risks can include, but are not limited to, child pornography access and/or dissemination, child lurings, hacking, identity theft, Internet fraud, drug and human trafficking and all other types of Internet related crimes. In addition, restrictions may be imposed upon those that are charged and/or convicted of offenses where the computer is seen as an aggravator, such as legal adult pornography as a facilitator to rape. Courts can also order the duration of when monitoring should commence and cease. In many cases, such duration is adjusted based on the offender's behavior, or in the case of defendants, whether guilt or innocence prevails.
Courts have deemed remote Internet monitoring as the preferred approach. However, concerns have been expressed that a technology that did not offer remote viewing and access and which permitted data to remain on the offender's machine, would be vulnerable to data tampering and/or deletion, thus presenting a greater risk to the community.